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Madras High CourtWP/36448/2003dismissed

T.Natesan v. The Commissioner,

2017-10-13Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.Nos.36448 to 36451 of 2003 T.Natesan .. Petitioner in all the Writ Petitions Vs.

The Commissioner, Kathivakkam Municipality, Chennai-57.

.. Respondent in all the Writ Petitions Writ Petition No.36448 of 2003 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the impugned notice dated 02.12.2003 for the assessment No.322 for the property bearing Door No.374, Kathivakkam High Road, Kathivakkam, Chennai-600 057, quash the same and direct the respondent to collect the tax prior to three years, i.e. from 2000-2001 to 2002-2003 to the tune of Rs.2,880/- from the petitioner.

Writ Petition No.36449 of 2003 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondent and his men from in any manner collecting the tax dues to the assessment No.324 for the property bearing Door No.376, Kathivakkam High Road, Kathivakkam, Chennai-600 057, prior to 3 years, i.e. from 19931994 to 1998-1999. Writ Petition No.36450 of 2003 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondent relating to the impugned notice dated 02.12.2003 for the assessment No.323 for the property bearing Door No.375, Kathivakkam High Road, Kathivakkam, Chennai-600 057, quash the same and direct the respondent to collect the tax prior to three years, i.e. from 2000-2001 to 2002-2003 to the tune of Rs.2,880/- from the petitioner.

Writ Petition No.36451 of 2003 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to forbear the respondent and his men from in any https://hcservices.ecourts.gov.in/hcservices/

manner collecting the tax dues to the assessment No.321 for the property bearing Door No.373, Kathivakkam High Road, Kathivakkam, Chennai-600 057, prior to 3 years i.e. from 19931994 to 1999-2000. For Petitioner : No appearance For Respondents : Mr.V.C.Selvasekaran

ORDER

At the request of the learned counsel for the petitioner, the Writ Petitions are listed today under the caption "for orders" to verify the facts mentioned in the letter dated 23.08.2017 addressed by the petitioner to the Assistant Revenue Officer, Zone-I, Thiruvotriyur, Corporation of Chennai, stating that the petitioner has paid property tax amount from 2003 to March 2014 and he would pay the balance amount of tax shortly and hence, he is not willing to pursue the Writ Petitions. Learned counsel for the petitioner is absent today (13.10.2017). In view of the above said letter dated 23.08.2017, and as the petitioner is not willing to pursue the Writ Petitions, and as the petitioner has paid the property tax as indicated above and as he has also undertaken to pay the balance amount of tax shortly, as stated in the said letter, dated 23.08.

2017, even though the learned counsel for the petitioner is absent today, the said statement made in the said letter is taken to be as not being refuted by the petitioner. While recording the contents of the said letter, dated 23.08.2017 of the petitioner, the Writ Petition is dismissed. No costs. If the remaining amount of property tax as agreed upon by the petitioner in the said letter dated 23.08.2017 is not paid, the respondent is at liberty to take action against the petitioner, in accordance with law, if so warranted. No costs.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To The Commissioner, Kathivakkam Municipality, Chennai-57.

W.P.Nos.36448 to 36451 of 2003 SDR 13.11.2017 https://hcservices.ecourts.gov.in/hcservices/